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April 27, 2022 INSIDER • GOAL • IN-CYPRUS • PROPERTY • CYPRUS-IS • CAREER LIKE OUT • XRYSES SYNTAGES • ACTIVE • PHILGROUP NEWS & nbsp; SOCIETY & nbsp; INSIDER & nbsp; OPINIONS & nbsp; GOING OUT & nbsp; CULTURE & nbsp; SPORTS & nbsp; AUTO & nbsp; GOOD LIFE & nbsp; USEFUL & nbsp; PRINTED EDITION & nbsp;
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Weaknesses in the full compliance of the Ministry of Finance (YO) & nbsp; with the provisions of Laws, Regulations and circulars, regarding payments and personnel issues, significant delay in the procedures for selecting a suitable provider, in accordance with the provisions of the Law on Certain Games of 2018, weaknesses in the implementation of provisions related to contracts/tenders and lack of institutionalized procedures finds the Audit Service in a Special Report on “Audit of the Ministry of Finance”.
Among other things, the EV notes that, in several cases, sponsorships were approved by the Council of Ministers and granted by the HR, which were characterized as “for the sake of”, the purpose of which conflicts with its provisions on Accounting and Financial Management and Finance. Control of the Law (L.38 (I)/2014), according to which, “by grace” donations can be granted only where there is no legislation in force that governs the issue and each case, due to its own is considered a mandatory moral obligation of the Republic to make such a donation.
The EV recommends that the HR, as the competent Ministry, not forward to the Council of Ministers requests for approval of sponsorships as “by grace”, when these are not in line with the existing legal framework and may not be legal.
Management
We found weaknesses in compliance with its terms store license agreement between the CEO and the Banking Institution, regarding the collection of the right of use and the invoicing for common expenses.
-We suggested the observance of the provisions of the agreement.
We found weaknesses in the observance of the terms of the tender for the management of the cafeteria of YO, regarding the renewal of the contract and the Payment Guarantee of the Exploitation Right.
-We suggested the application of the terms of the competition.
YO rents, from a private company, warehouses within the Government Industrial Area of Limassol, for the needs of the State Procurement and Procurement Services (YKAP), which were built on government land that the Ministry of Energy, Trade and Industry (YEEB) leased to a private company for specific purposes, for rent. We found that the rent paid by the State is a multiple of the rent paid by the private company to the State. Also, the company has not secured all the licenses and certificates required by law for these premises. The company requested the return of part of the rented space and the HR agreed, with a reduction of the rent, which, however, in percentage, is less than the reduction of the area of the rented space.
-Apart from the other issues that arise and which we have included in our other reports, we recommended that the YO does not rent premises, which were built by individuals on government land leased to them for specific purposes, for a rent lower than the market, in order to mismanagement of public property and speculation of private interests to the detriment of the public should not be allowed. We also suggested that from the beginning, only licensed premises be selected for the housing needs of Government Services and that the actions to find a new housing space for the warehouses of YKAP be intensified.
The adoption of the necessary legislation for the conditions of organization, operation, conduct and management of games conducted by OPAP SA in Cyprus, was delayed, after the Law on Certain Gambling was passed in June 2018. Since then, the selection procedures have been launched. of the appropriate provider, according to the provisions of the Law, which, however, present a long delay, with the result that a relevant contract has not been concluded yet and the loss of significant revenues for the State, which we have indicated since 2014, continues.
-We asked for information about the reasons for such a long delay in the completion of the procedures, what procedures are pending and when they are expected to be completed.
From the audit carried out by our Service, for the purchase of the Nicosia City Center (NCC) building, we found that the HR proceeded with the process of purchasing the building without available credits in the State Budget and without also having relevant provision for its purchase . In other words, its provisions on Financial Responsibility and the Financial Framework Law were not observed, which stipulates that no Public Investment Project can be promoted if the procedure provided in Part XI (Selection and implementation of Public Investment Projects) of the Law is not followed. The building will be completed after modification of its original design, to meet the building requirements of the State, which requires the purchase of the building to be subject to public procurement legislation and will be delivered, apparently, for use without obtaining a certificate of final approval , criminal act infernal. The purchase of the building was, in our opinion, at an unprofitable, for the public, price, while it is being built on land that will continue to belong to a third person, in which rents will be paid in excess of the fair value of the lease, without essence of the property to become the property of the State.
-We recommend that the HR thoroughly examines all the options offered to meet the housing needs of the public, so that the State bears the lowest possible cost, ensuring the public interest.
During the audit for the assignment of the contract for the provision of Consulting Services by the Law Firm Freshfields Bruckhaus Deringer, in relation to the sale of the Cooperative Bank of Cyprus (SKT) to Hellenic Bank, we found that the HR proceeded, in violation of both its provisions the relevant legislation and the circulars of the Council of Ministers and the Attorney General, as well as the principles of good administration, transparency, equal treatment and better management of public resources, Consultants who have already provided financial services to SKT, excluding from the process any other interested Law Firms. The Attorney General ruled that, although this decision of the General Assembly constitutes a constitutional diversion, as it could follow a short negotiation process with a small number of suitable Law Firms, no criminal or civil offenses due to abuse of power can be substantiated.
We have recommended that, in cases where urgent services are required from individuals, with the result that there is no time limit for announcing an open tender, offers are requested from a limited number of pre-selected economic operators, provided that urgent needs do not arise from the Ministry. We also recommended that, in cases of purchase of legal services by the Ministry, the approval of the Attorney General be secured first and, subsequently, that the positions of the General Accountant be requested accordingly.
The HR did not properly address the issue of relocation of the Office of the Commissioner for Personal Data Protection in the case of both the building of the former Cooperative Bank of Cyprus and the building of the Cereals Committee, as the suitability of the specific buildings was not taken into account. the required area of the office space, compared to the number of staff to be housed, as well as the amount of the monthly rent.
-We have recommended that the HR follows all the prescribed procedures for managing issues related to the rental of buildings to meet the housing needs of the Ministries/Departments/Services, in order to ensure compliance with the principles of good administration, transparency, non-discrimination and equal treatment of economic operators, to safeguard the public interest.
Department of Public Administration and Personnel (BTI)
From the control of the selection process of associates-trainers of the Cyprus Academy of Public Administration (KADD), we observed the following:
-There is no written approved procedure for setting the priorities in education and planning the annual training program.
-There are no guidelines and criteria for the selection of collaborators-trainers.
-No register of collaborators-trainers has been compiled.
– No formal annual salary cap has been set per trainer and in all cases no agreement is signed with the trainer.
for the selection of collaborating educators and to create a register of collaborating teachers. We also suggested that the annual salary cap for associate trainers be formally set.
From the investigation of a complaint submitted to our Service and concerning the insufficient control for the observance of the established schedule by the staff of KADD, we found several weaknesses, in the observance of the provisions of the Regulations and circulars of the TDP, which govern the observance of the institution. hours in the Public Service, by the staff of KADD and incomplete control.
-We have recommended that the provisions of the Regulations and circulars of the TSI that govern the observance of the established schedule in the Public Service are faithfully applied.
From the investigation of a complaint submitted to our Service, regarding the selection of a specific Assistant Secretary, for her transfer to the Embassy of the Republic of Cyprus in Athens, we found gaps and weaknesses in the procedures followed, as well as in the documentation and justification of the decisions. .
-We have recommended that administrative acts, which are issued after the exercise of discretion, are adequately and duly substantiated and the relevant procedures are characterized by transparency and compliance with the General Principles of Administrative Law.
In addition above, during the period from March 2021, until the publication of this Report, the following Special Reports were issued regarding the HR:
-Plan for the Promotion of the Optical Industry in Cyprus (ΥΠΟ/01/2021).
-Audit of the Insurance Companies Audit Service (YEAE/01/2021).
-Audit of the Public Debt Management Office (GDDX/01/2022).
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